Ronald Williams, North Carolina Department of Revenue, Raleigh
Discussion of recent developments in North Carolina tax law.
9:30 Break
9:45 Psychology of Transitions†
Robynn E. Moraites, North Carolina Lawyers Assistance Program, Charlotte
Transition appears in myriad forms throughout our lives and careers: marriage, divorce, having children, children leaving for college, moving to a new town, leaving a law firm, changing practice areas, retirement … the list goes on. This session examines the unspoken "elephants in the living room" that directly impact and influence our ability (or seeming inability) to welcome or embrace transition and change.
10:45 Break
11:00 Defending Tax Clients Before the Office of Administrative Hearings and the NC Business Court
Judge Linda F. Nelson, North Carolina Office of Administrative Hearings, Raleigh Gregory P. McGuire, Nelson Mullins Scarborough & Riley, Raleigh
Administrative Law Judge Linda Nelson shares an inside perspective on handling a case before the OAH, including a description of the OAH process, recent changes in OAH policies in tax cases, deference given to Department of Revenue rules and positions, constitutional and jurisdiction issues, and significant OAH tax cases. Greg McGuire, a former business court judge, offers perspective about appeals of OAH decisions to the Superior Court of North Carolina and tips for practitioners on effective presentation of tax issues appealed to the Superior Court.
12:00 NCBA Tax Section Annual Meeting
Kevin T. May, Graves May PLLC, Wilmington, 2021-2022 Section Chair, Presiding
12:15 Adjourn for the Day
6:30 Reception at the Osprey Point Clubhouse
SATURDAY, MAY 28, 2022
8:00 Continental Breakfast
8:25 Introductions and Announcements
8:30 Fake News and the Tax Law
Kathleen D. Thomas, University of North Carolina, Chapel Hill
This session studies a data set of fake news stories related to tax and looks at the bigger picture, how the tax system is misperceived by the public, and how this impacts tax reform. We also examine some of the more recent tax reform proposals that have been under consideration during the past year and how the public perceptions of these proposals are shaped by fake news.
9:30 Break
9:45 The Intersection of Income Tax and Estate Planning
Christopher J. Denicolo, Gassman Crotty & Denicolo PA, Clearwater, FL
Tax planning in the estate planning realm is not necessarily confined to estate and gift taxes. Income tax planning is an important component of a sound and proper estate plan. Fortunately, there are myriad techniques, strategies and arrangements available that can be used to provide income tax benefits for clients with respect to asset titling, structuring and otherwise. This presentation addresses several of these techniques, strategies and arrangements, including planning for retirement assets, optimizing the step-up in basis, claiming the Section 1202 gain exclusion on the sale of certain stock, using charitable vehicles to defer income tax, and many others.
10:45 Break
11:00 Planning to Litigate: Where the Rubber Meets the Road, 2022 Edition
William L. Mills IV, Culp Elliott and Carpenter PLLC, Charlotte John J. Nail, Chamberlain Hrdlicka White Williams & Aughtry, Atlanta, GA
Hear a discussion of common and easy-to-miss planning missteps and the impact of an IRS examination on your client. In this session, speakers provide best practices and strategies for dealing with various client scenarios, review relevant case law, and offer insight from their experience with recent IRS audits and litigation.
12:00 Adjourn for the Day
SUNDAY, MAY 29, 2022
8:00 Continental Breakfast
8:25 Introductions and Announcements
8:30 Anatomy of a Worker-Classification Dispute: Securing Section 20 Relief, Avoiding Employee Status, Recouping Fees and More
Hale E. Sheppard, Chamberlain Hrdlicka White Williams & Aughtry, Atlanta, GA
The IRS claims that worker misclassification is one of the largest causes of the "tax gap." Gain a better understanding of how the IRS constantly audits businesses in an effort to recharacterize their workers as employees (instead of independent contractors), how it conducts worker-classification disputes, and how its approach differs from that of the Department of Labor.
9:30 Break
9:45 Benefits and Risks of Technology in Law Practice*‡
Catherine Sanders Reach, North Carolina Bar Association, Cary
Technology use in law firms can be a boon or a curse. Comment [8] to NC RPC 1.1 (Competence) requires lawyers to "keep abreast of changes in the law and its practice, including the benefits and risks associated with the technology relevant to the lawyer's practice." In this session, we explore risks inherent in the use of common technologies like email, calendaring, document sharing and social media — and how to mitigate those risks. We also explore technologies that help reduce risks, like practice management applications, rules-based calendaring, document assembly, client portals and more.
10:45 Break
11:00 Target or Waterfall: Partnership Allocations
Marlon Fortineaux, RSM US LLP, Baltimore, MD Justin LaMar, RSM US LLP, Baltimore, MD
Deals are increasingly complicated, investors are increasingly savvy, and partnership agreements have become significantly more complex to adjust to investor demands. In recent years, more and more partnership agreements have been drafted using the target allocations as a response to the complexity of traditional layer cake allocations. This session discusses both methodologies, including the benefits and pitfalls of each approach to partnership allocations.
Nightly Rates: $199 One Bedroom Scenic View Villas | $265 Two Bedroom Scenic View Villas | $299 Three Bedroom Scenic View Villas | $555 Two Bedroom Oceanview Villas
Reservations:Click here or call 866.763.5056 (Ask for NCBA Tax Section Program group rate, or booking number 18346. Calls will be returned within 72 hours in the order received.)
Hotel Cutoff Date: Wednesday, May 4, 2022 (Group rates will be available two days before and after the event dates, based on availability. Reservations received after the hotel cutoff date will only be filled on a space-and-rate available basis.)
May 27 - May 29, 2022
8:00 AM EDT - 12:00 PM EDT
Kiawah Island Golf Resort | West Beach Conference CenterShipwatch Road
Kiawah Island, SC 29455
800.654.2924